State v. Sapp’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The district judge found that the description of the land failed to give the meridian to which the Township, Range, and Section numbers referred, and that the county where the land was located was not mentioned. The judge concluded that, based on [State v.] Yoder, [ 96 Idaho 651 , 534 P.2d 771 (1975),] ‘[a] police officer with no actual knowledge of the case could not reasonably be expected to locate the area to be searched.’ Yoder does not require that the description be so specific that an officer with no actual knowledge could reasonably locate the property. To the contrary, the fact that the same officers who applied for the warrant are the same officers who execute it is a factor to be taken into consideration when evaluating the description. United States v. Turner, 770 F.2d 1508 (9th Cir.1985); State v. Hart, 100 Idaho 137 , 594 P.2d 647 (1979). The purpose of the description is to allow the executing officers to ascertain and identify the property to be searched and to distinguish the intended property from neighboring property. Obviously, if the same officers are involved in obtaining and executing the warrant, these objectives are more likely to be met. That is precisely what occurred here. Thus, the possibility that neighboring properties would be mistakenly searched or that the officers executing the warrant would not be able to locate the property was significantly reduced. Likewise, to invalidate the warrant in this case because no county or meridian was listed”

   1 later decision quote this exact passage
   e.g. State v. Dallmann

2. “[t]he applicable test for determining the sufficient degree of particularity is whether “the officer with a search warrant can with reasonable effort ascertain and identify the place intended.” Steele v. United States, 267 U.S. 498, 503 , 45 S.Ct. 414 [416], 69 L.Ed. 757 (1925). This Court has expanded on this test: “The description must be sufficiently clear so that the property to be searched is recognizable from other neighboring properties.” State v. Yoder, 96 Idaho at 653, 534 P.2d at 773.”

   1 later decision quote this exact passage
   e.g. State v. Schanefelt